Trying to Change Ruling - for which judge gave no written reason

[All For Him]

What is the name of your state (only U.S. law)? FL

I am trying to represent myself in a case in which I have been ordered to pay $250/ month in child support (used to be $600), even though I was made Custodial Parent 17 months ago. The Judge said at the time that the child's mother would need some money for her visitations- as she was suffering from mental disorders and could not provide for herself. Since then she has only exercised 2 overnights, and visitation has only been 1-4 hours / week (usually). So, I go to argue the case- but I can't just say "this is wrong !" I guess I have to cite statutues, etc...

Florida Child support Guidelines say the judge can Deviate based on the non-custodial parent having the child a significant amount of time (at least 40%). It also says the jugde can use discrection to deviate from the guidelines considering the differences in income between the two parents. (she now receives SSI - not the kind that is eligable for support obligation).

The problem is that the judge never wrote down the reason for his ordering me to pay her, and now we have a new judge. It is not on the court orders. Should there be notes with our file where he wrote this? Can I call and ask him? Will the new judge on the case call him to ask him? Do I have to produce a transcript (I don't think there was a court reporter.) Do I go into court surmising what the judge must have been thinking to order this support? What should I do?

 

[JETX]

The problem is that the judge never wrote down the reason for his ordering me to pay her

The court doesn't have to provide ANY reason, much less a written explanation on its ruling.

Should there be notes with our file where he wrote this?

Should there be?? I often wish the court would explain their rulings.
Is it required?? No.

Can I call and ask him?

Of course you can. But you will NOT get an answer.

Will the new judge on the case call him to ask him?

Probably not.

Do I have to produce a transcript (I don't think there was a court reporter.)

To do what??

Do I go into court surmising what the judge must have been thinking to order this support?

No. Absent some valid reason, you have no 'right' to ask why or how a court came to its decision.

What should I do?

Either accept the decision of the court or file a new motion or appeal the old one.

 

[Ronin]

The above response is not entirely correct.

A judges 'reasons' for a ruling are most formally presented in written findings of fact and conclusions of law.

The court does not generally have to provide findings unless these are properly requested. If the judge deviates from guidelines many states have provisions in their family code that require a judge to provide written findings on the reasons for the deviations. But only if requested in time.

In your case, the requirements for requesting findings will be found both in your states rules of civil procedure and family code.

If you miss the deadline to request findings, then the judge does not have to give these to you, and probably won't.

Thats the risk one takes with self-representation. Any decent attorney would have nipped this in the bud before the ruling if the judge was leaning toward deviating from guidelines. Many times judges don't realize they may be deviating from any of hundreds of rules unless the attorney objects and points it out in court. If the judge deviates anyway, a prompt request by the attorney for findings from the judge would be next. But that is moot at this point. Without findings, the presumption on appeal is the judge had sufficient facts to base his rulings.

This does not mean you cannot request another hearing to modify the support. But given what you have stated your best bet would be to hire an attorney to do this one for you.

 

[All For Him]

I have filed a motion to modify the temporary support order, based on her not exercising much visitation, and that she now lives with her parents and has SSI income. It is not an Appeal, but a motion for modification based on the substantial change of circumstances. That is the problem- that I have no proof of why the judge ordered me to pay her. I'll say that it was based on her exercising substantial overnights, (FL says 40% is reason to deviate) but this is where I'm lacking- not having it in writing that this is why the judge ruled that I should have to pay her.

Should I request the reason from the judge? how do I do this? Or should I just state that there are only 2 reasons why the judge could deviate, and that neither is justified at this time... ?

I can't afford a lawyer- at all. I'm slowly going under financially. The amount I'm protesting is $250/ month. So it wouldn't make sense to lay down another $10,000

 

[Ronin]

One might present your case on the facts as they stand now and how the facts have changed since the last hearing. And, that as the custodial parent one simply cannot afford to continue paying the NCP child support. The KISS principle would apply here.

Should I request the reason from the judge? how do I do this?

Under these circumstances, questioning or challenging the judge on their reasoning for a prior ruling is probably not such a great idea. That was then, this is now.

Or should I just state that there are only 2 reasons why the judge could deviate, and that neither is justified at this time... ?

There is a subtle but important difference between briefly elaborating on a statute vs telling a judge what the statute says he or she can or cannot do. A pro se should definitely stick to the former.